Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13312 of 2022 Arising Out of PS. Case No.-764 Year-2021 Thana- JAHANABAD District- Jehanabad ====================================================== DEEPAK KUMAR SON OF MITHILESH KUMAR R/O VILLAGEBARHARA, P.O.- KAKO, P.S.- BARHARA, DISTRICT- JEHANABAD ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunit Kumar, Adv.

For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-05-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 392 of the Indian Penal Code.

As per the prosecution case, the two accused persons who were on motorcycle came from behind and snatched the mobile phone of the informant.

It is submitted by learned counsel for the petitioner that the F.I.R. was registered against two unknown. The petitioner was identified as one of the persons who was riding the motorcycle from which the occurrence has taken place. It is submitted that the prosecution is relying on the statement of the persons from whom the stolen mobile phone was recovered which is to the effect that they had purchased the said mobile

Patna High Court CR. MISC. No.13312 of 2022(2) dt.17-05-2022 2/2 phone from the petitioner. No incriminating article has been recovered from the petitioner's possession. He is in custody since 1.12.2021 and has no criminal antecedent. It is lastly submitted by learned counsel for the petitioner that a supplementary affidavit has been filed stating therein about the marriage of the sister of the petitioner having been fixed to be solemnised on 26.5.2022.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner, no incriminating article having been recovered from the petitioner's possession and the period in custody being 5 months, the Court directs the petitioner to be enlarged on bail in connection with Jehanabad P.S. Case no.764 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad.

(Partha Sarthy, J) Saurabh/- U T